Dileep Kumar R vs Station House Officer
2024 Latest Caselaw 28939 Ker

Kerala High Court

Dileep Kumar R vs Station House Officer on 3 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       2024:KER:73647

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946

                       WP(C) NO. 29517 OF 2024

PETITIONERS:

    1     DILEEP KUMAR R
          AGED 52 YEARS
          S/O RAVEENDRA PANICKER,
          PUNNAVILAYIL, PUTHUMALA PO,
          EZHAMKULAM, PATHANAMTHITTA,
          PIN - 691554

    2     SHYJU B
          AGED 25 YEARS
          [LICENSEE OF TS NO. 17,
          GROUP NO. 3 ANCHAL EXCISE RANGE]
          S/O BALAN, VILLUNNY,
          ERUTHEMPATHY, PALAKKAD,
          PIN - 678555


          BY ADVS.
          P.THOMAS GEEVERGHESE
          TONY THOMAS (INCHIPARAMBIL)
          ZAKHEER HUSSAIN
          AMRUTHA K.P.
          SHILPA PRATHAP


RESPONDENTS:

    1     STATION HOUSE OFFICER
          YERROOR POLICE STATION,
          YEROOR, KOLLAM,
          PIN - 691312

    2     DISTRICT POLICE CHIEF
          KOLLAM RURAL, KOTTARAKKARA,
          KOLLAM,
          PIN - 691506
 WP(C)No. 29517 of 2024                                             2024:KER:73647

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      3       EXCISE INSPECTOR
              ANCHAL EXCISE RANGE,
              NEAR VATTAMON, ANCHAL,
              KOLLAM,
              PIN - 691306

      4       BINU CHACKO
              AGED 45 YEARS
              KOHUVILAYIL HOUSE,
              AANAKKULAM PO,
              PUNALUR TALUK,
              KOLLAM,
              PIN - 691311

      5       ROY JOHN
              AGED 45 YEARS
              THEKKEMELATHIL KOOPPE,
              CHANNEPETTA PO,
              CHANNEPETTA, PUNALUR,
              KOLLAM,
              PIN - 691311

      6       LIJO YOHANNA
              AGED 45 YEARS
              CHEGANAMBILLIL,
              PALLITHERIL,
              CHANNEPETTA PO,
              PUNALUR TALUK,
              KOLLAM,
              PIN - 691311


              BY ADV VINOY VARGHESE KALLUMMOOTTIL

              SRI. P.S. APPU, GOVERNMENT PLEADER.


      THIS    WRIT       PETITION   (CIVIL)       HAVING   BEEN   FINALLY   HEARD   ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No. 29517 of 2024                               2024:KER:73647

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                             JUDGMENT

Dated this the 03rd day of October, 2024

The learned counsel for the petitioners seeks

permission to withdraw the writ petition with liberty to

move afresh.

The writ petition is accordingly dismissed as

withdrawn, with the liberty sought. It is made clear

that the writ petition having been dismissed, the

interim order does not survive

Sd/-

V.G.ARUN

JUDGE BG WP(C)No. 29517 of 2024 2024:KER:73647

APPENDIX OF WP(C) 29517/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE EXCISE LICENSE GRANTED IN BUILDING NO. 7/781 OF ALAYAMON GRAMA PANCHAYAT DATED.22.7.2024

Exhibit P2 THE PHOTOGRAPHS OF VANDALISED THE PETITIONERS' SHOP

Exhibit P3 THE TRUE COPY OF THE TRANSPORT INTER DIVISION TRANSPORT PERMIT ISSUED BY DEPUTY COMMISSIONER OF EXCISE, PALAKKAD DATED.5.8.2024

Exhibit P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER ON 15.8.2024

Exhibit P5 THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 15.8.2024

RESPONDENT EXHIBITS

Exhibit R5(a) notice issued by the secretary Alayamon Grama Panchayath to the excise inspector Anchal Range

Exhibit R5(b) proceedings initiated by the Alayamon Grama Panchayath to cancel the occupancy certificate issued to building No 7/781

Exhibit R5(c) copy of the complaint submitted before the 3rd Respondent

Exhibit R5(D) COPY OF THE ORDER DATED 9/9/2024 ISSUED BY THE PANCHAYAT PERMANENTLY CANCELLING THE OCCUPANCY OF THE TODDY SHOP WP(C)No. 29517 of 2024 2024:KER:73647

Exhibit R5(E) TRUE COPY OF THE NOTICED DATED 27/8/2024 ISSUED BY PANCHAYAT TO THE EXCISE DEPARTMENT

Exhibit R5(F) TRUE COPY OF NOTICED DATED 28/9/2024 ISSUED BY PANCHAYAT TO THE EXCISE DEPARMENT.

TRUE COPY P.A. TO JUDGE